2025-08-18 3CCV-25-0000025 Findings of Fact, Conclusions of Law, and Order Vacating and Remanding to BOA (PL-BOA-2024-000104)

Home

Dkt. 17, ROA at 0019 (Docket No. 24-0001 Declaratory Order by Zendo Kern, Planning Director) 2. The Original Developer obtained County of Hawaii ("County") Ordinance Nos. 96-7 and 96-8 (collectively, "Ordinances"), for the rezoning of 1550 acres to allow for the Project's development, among other approvals. Id.; Dkts. 17-19, ROA at 0040- 0099. 3. Following enactment of the Ordinances, the Original Developer entered into a Development Agreement with the County, dated April 20, 1998 . Dkt. 17, ROA at 0019-0020. 4. The Development Agreement included requirements relating to the acquisition of land, the construction of a bypass road, the development of a shoreline park, and the donation of a permanent right of way to the park. The Development Agreement, set forth, inter alia, that in lieu of actual construction of infrastructure and roadway improvements, the Original Developer could make assurances under the Development Agreement such construction would occur and the Original Developer would post bonds in favor of the County ensuring such construction. Dkt. 17, ROA at 0019-0020; Dkts. 21-22, ROA at 0187-0231. 5. In exchange, the Original Developer would receive final subdivision approval prior to actual construction of such improvements. Id. The Development Agreement has not expired as it has a term of thirty years from the date of the resolution enacting it by the Hawai'i County Council. See Dkt. 22, ROA at 203. 6. On April 29, 2010, the County sent notice to the Original Developer detailing the Original Developer's material breach of the Development Agreement and 3